Maternity and childhood, working mothers who adopt - Right to maternity allowance in the case of international adoption - Entitlement during the three months following the entry of the adopted or fostered child, even if he or she is over six years of age - Manifestly unreasonable difference in treatment between employees and self-employed women
Equality before the law without distinction of sex - Possibility for all citizens, of both sexes, to have equal access to public and elected offices in equal shares
Deprivation of the enjoyment and exercise of certain labour rights of migrant workers incompatible with obligation to respect and ensure the principles of legal equality, non-discrimination and the equal and effective protection of the law - Attention to all the areas of discriminatory human behaviour, including sexual orientation
Dissenting / Concurring: Cançado Trindade / García Ramírez / Hernán Salgado Pesantes / Abreu-Burelli
Article 14 (Discrimination) - Discrimination between homosexual and heterosexual partners as regards transmission of tenancy rights on the death of one of the partners
Dissenting / Concurring: Grabenwarter
Article 14 (Discrimination) - Different age of consent for homosexual and heterosexual acts
Article 3 (Positive obligations) and Article 8 (Positive obligations) - Adequacy of protection provided by Bulgarian law for victim of alleged rape - Bulgarian law provided insufficient protection to victim of an alleged act of rape
Dissenting / Concurring: Tulkens
Refusal to divulge identity of biological parents - No violation
Dissenting / Concurring: L. Wildhaber, Nicolas Bratza, G. Bonello, L. Loucaides, I. Cabral Barreto, F. Tulkens, M. Pellonpää/Greve, Ress, Kuris, Rozakis
Violation of Article 14 (discrimination) - Placement of children with father, as the mother was a Jehovah’s Witness - The appeal court had treated the parents differently on the basis of the applicant’s religion, on the strength of a harsh analysis of the educational principles allegedly imposed by the religion
Dissenting / Concurring: W. Thomassen
Measures to promote equality of opportunity between men and women - Subsidised nursery places made available by a Ministry to its staff - Places reserved only for children of female officials, save in cases of emergency, to be determined by the employer
Judge Rapporteur: A. La Pergola
Article 14 in conjunction with Article 8 - The applicant alleged discrimination on the grounds of sexual orientation and on the grounds of age, on the basis that the legislation set down different ages of consent for homosexual and heterosexual acts
Dissenting / Concurring: Lemmens, Vehabović, Bošnjak / Pinto de Albuquerque / Lemmens, Vehabović, Ranzoni, Bošnjak
Article 8, both alone and in conjunction with Article 14 - The applicants complained about both the intrusive investigations into their private lives and about their subsequent discharges from the armed forces pursuant to the absolute policy of the Ministry of Defence against homosexuals in the armed forces
Article 8 (Respect for private life) and Article 12 (Marry) - Absence of legal recognition of change of sex - Impossibility for transsexual to marry
Dissenting / Concurring: Fischbach / Türmen / Greve
Being homosexuals, the applicant was unable to give blood -The applicant complained of a violation of Articles 8 (right to respect for private life) and 14 (prohibition of discrimination)
Relying on Articles 8 and 14 of the Convention, the applicant complains that his sexual orientation as such constitutes an exclusion clause from blood donation, and considers that this constitutes discrimination against him
Article 8 (Respect for private life) and Article 6 (Fair hearing) - Refusal of application for prior approval as a prospective adopter presented by an unmarried homosexual man, on the ground of his “choice of lifestyle”: no violation - Failure to summon to appear at hearing before Conseil d’Etat an unrepresented plaintiff who had no opportunity of seeing the submissions of commissaire du Gouvernement: violation
Dissenting / Concurring: Costa, Jungwiert, Traja / Bratza, Fuhrmann, Tulkens
Whether the lack of legal recognition of the gender change as a postoperative transsexual amounted to a violation of the right to respect for private and family life under Article 8 - Whether the right to marry and found a family under Article 12 had been violated by the refusal to give legal recognition to the change of gender as a postoperative transsexual
Dissenting / Concurring: Fischbach / Türmen / Greve
Adequacy of measures taken by courts to establish paternity - Violation of Article 8
The applicants complain under Article 8, alone and in conjunction with Article 14 of the Convention, in relation to the investigation into a most intimate part of their private lives (including, in the second applicant’s case, the search and confiscation of her personal belongings) and in relation to their subsequent discharge from the armed forces pursuant to the absolute policy against homosexuals in the armed forces
The applicant alleged a violation of Articles 8 and 14 of the Convention on account of his exclusion from blood donation based solely on his sexual orientation
Equal treatment for men and women – Article 5(1) of Directive 76/207/EEC – Article 10 of Directive 92/85/EEC – Dismissal of a pregnant worker – Fixed-term employment contract
Judge Rapporteur: M. Wathelet